Mentally Disabled Sibling (Mild)

[Wendy217]

What is the name of your state? Maryland. My brother and I are both co-owners of a home. We are joint tenants with rights of survivorship. My daughter and I have lived in this home for the past 10 years. It's pretty straightforward that if I die my brother will own the house and vice versa. My brother will not be able to live on his own in the house if I die. How do I protect this home for his future? If the house is sold and he moves in with another sibling, where would the substantial amount of money go? Should he have a trust set up for his future? Should there be a neutural guardian? Should my heir get a portion of the proceeds since I am now paying the mortgage etc? I think the money will need to be used for his future needs wherever he ends up living, but I also thinks he needs some protection too. Also, if he we get a Medical POA, is there a conflict if he has a will drawn up too? Thanks.What is the name of your state?

 

[BlondiePB]

What is the name of your state? Maryland. My brother and I are both co-owners of a home. We are joint tenants with rights of survivorship. My daughter and I have lived in this home for the past 10 years. It's pretty straightforward that if I die my brother will own the house and vice versa. My brother will not be able to live on his own in the house if I die. How do I protect this home for his future? If the house is sold and he moves in with another sibling, where would the substantial amount of money go? Should he have a trust set up for his future? Should there be a neutural guardian? Should my heir get a portion of the proceeds since I am now paying the mortgage etc? I think the money will need to be used for his future needs wherever he ends up living, but I also thinks he needs some protection too. Also, if he we get a Medical POA, is there a conflict if he has a will drawn up too? Thanks.What is the name of your state?

Who's making all your brother's decisions now & with what legal authority to do so?

 

[Wendy217]

Mentally Disabled Sibling

My father was his advisor, but he recently passed away. We all lived together and now it's just me, my brother and my daughter. My brother is always consulted about the ideas we have regarding legalities. For instance, I am taking him to a doctor's appt. today as he is not able to get the information he needs regarding his health. In other words, he can tell you what hurts, but not tell us what the doctor has said regarding his prognosis. He has three siblings including me and we have been talking about these different issues recently. We were actually thinking of doing a medical power of attorney, but this may conflict if he needs a will done. How can he be of sound mind to sign the will if he is not of sound mind for a doctor's visit? He does some sort of estate planning, but I don't know where to even start.

 

[jaye]

I don't have the experience to answer all your questions but if your brother gets any kind of government assistance (or will in the future) you should consider a special needs trust for him. There are a lot of resources out there about this. We are setting one up for our autistic son so he won't lose his benefits and wouldn't be in charge of any inheritance. Good luck!

 

[BlondiePB]

How can he be of sound mind to sign the will if he is not of sound mind for a doctor's visit? He does some sort of estate planning, but I don't know where to even start.

He is not of sound mind to sign any estate papers, including any POA. You start with petitioning the court in the jurisdiction of his domicile for plenary guardianship & Health Care Surrogate/Proxy.